People v. Gonzalez CA2/6
Opinion
Opinion
Filed 5/12/23 P. v. Gonzalez CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B321634 (Super. Ct. No. CR31081) Plaintiff and Respondent, (Ventura County)
v.
FRANCISCO GONZALEZ,
Defendant and Appellant.
Francisco Gonzalez appeals the trial court’s denial of his motion for resentencing pursuant to Penal Code section 1172.6.1 We conclude that the court properly denied Gonzalez’s motion because, as the actual shooter, he is ineligible for relief pursuant to section 1172.6 as a matter of law. (People v. Lewis (2021) 11 Cal.5th 952, 959, 971; People v. Hurtado (2023) 89 Cal.App.5th 887, 892-893.) We affirm. In December 1992, Gonzalez and an accomplice, Mark…